that breaking news in san francisco where the hall of justice has been evacuated because of a suspicious package there. bomb squad there on the scene. we have a crew headed there as well. we'll keep an eye on the story. in meantime i'm kris sanchez. >> i'm scott mcgrew. we do have new details on an oakland girl declared brain dead after a botched surgery. her family took action against the hospital. >> bob redell is live in oakland with more on the lawsuit filed by jahi mcmath's family. >> good morning to you, kris and scott. at any moment the attorney representing the family of jahi mcmath will be filing a lawsuit here in alameda county superior

court in oakland. a suit that would be against the oakland hospital and doctor who treated the 13-year-old girl. the family's attorney in southern california sent us this advance copy of the 12-page complaint against the hospital in oakland, and dr. frederick rosen. it alleged in december of 2013 jahi mcmath began coughing up a lot of blood after she came out of nose and throat surgery for her sleep apnea. the suit claims two nurses contradicted each other on how to stop the bleeding and refused the parngs' request for doctors. she bled for five hours before the doctor arrives. the teenager had a heart attack. the hospital eventually declared jahi brain dead and according to the suit starting pressuring the paints to sign over her organs for donation. at one point, the hospital's

chief of pediatrics pounding his fists on the table and said what do you not under? she's dead dead dead, dead. >> the whole issue is is it below the medical legal standard of care. was the medical treempt below the standard of care? it's not easy. doctors make mistake, people get sick, people die, and so unless the doctors make a gross mistake or their treatment is below the standard of quer there's no case, but again, the family is desperate. they want answers, they want justice, and unfortunately, even in california there are limits to medical malpractice. that was a local attorney who is not involved in the mcmath case but has handled medical malpractice cases before. the lawsuit doesn't specify a dollar amount for damages, but it is asking for more than the state mandated cap of $250,000. jahi is being supported by machines and 24-hour care in an apartment in new jersey. the hospital did respond to the

pending litigation basically saying they do not comment on pending litigation but did say, quote, our hearts go out to the mcmath family unquote. if you would like to read the full complaint, logon to nbcbayarea.com. meanwhile, live in oakland, bob redell. >> thank you very much bob. well new at 11:00 israel's prime minister is dead set against negotiations between the u.s. and iran over nuclear weapons. benjamin netanyahu never wavered from his stance in his controversial speech to the u.s. congress. he said negotiations gain iran would gain nuclear weapons because he argues the talks would allow iran to keep much of its infrastructure in place. >> this deal has two major concessions. one, leaving iran with a vast nuclear program. and two, lifting the restrictions on that program in

about a decade. >> the prime minister also emphasized the strength of u.s.-israeli relationship. he thanks president barack obama for his support, said the relationship should remain above politics but this was very controversial and political. it comes just days before netanyahu is to run for re-election in israel, and many democratic leaders left in protest before netanyahu spoke. democratic leader nancy pelosi called the speech condescends and released a biting response quote, we have all said that a bad deal is worse than no deal referring to something netanyahu had said in his speech and stopping the spread of nuclear weapons is the bedrock of our foreign policy and security. pro-palestinian activists will hold a demonstration. they're angry for violence against the palestinians. the protest will take plaz as the israeli consulate in san

francisco at 5:00. >> david petraeus pled guilty to mishandling classified materials. the army's former top general was charged with one count of removing and keeping classifying material without permission. the top secret documents were found on the computer of petraeus's biographer. petraeus' attorneys declined to comment. >> the house could vote as early as today on a year-long bill to fund the homeland security department without conditions. republican leadership had threatened to suspend funding to show their anger over the president's unilateral moves on immigration. john boehner outlined the statement during a closed door meeting this morning. >> a violent morning in the east bay where police are investigating three different crime scenes in antioch which appears to be connected. >> stephanie has more on the homicide investigation. >> one police sergeant put it

this way. right place, right time because one officer on patrol just happened to be here near hudson court when he heard a gunshot and saw a gar speed away without the lights on. police discovered the bodby of a man later on laying on the sidewalk, he had been shot to death wrfrb investigators say the police officer tried to stop the blue toyota camry that sped away, but the driver continued off, eventually crashing it over a mile away into the garage of a corner house on the 1700 block of mahogany way. police took three people who were inside the car into custody for questioning. but they have not made any official arrests. the good news no one was hurt including the woman inside the house. her neighbor and friend says the woman is physically okay but is shaken up. as for the deadly shooting neighbors who heard the gunshots said they're tired of the violence and ready to leave. >> i'm trying to get out of this area. i didn't know it was like this in antioch. i stayed on sycamore, so it was

way worse than this, then i come over here and it's like this right across the street from the mall. i don't know what is going on. >> i have been out here off and on for 32 years, but i'm not from here i leave and come back here. i have daughters out here, so i come back home and visit, but it's too much violence, not to mention not enough unity. >> police also discovered a shotgun in a parking lot of the double dragon chinese restaurant just a couple blocks from the scene of the homicide here on hudson court. of course, a lot of questions remain. what led up to this shooting, who was the victim being two top questions here. this was antioch's first homicide of the year. in antioch, stephanie chuang. >> thank you. neighbors in the mission district calling for an independent investigation after police shot and killed a man. dozens of people showed up to meet with police about last week's officer involved shooting on folsom. police say they killed

22-year-old almecar perez because he had a knife. neighbors believe he dropped the weapon and was trying to get awa awa. >> the suspect, the deceased lurjed at the officer. he fired five shots. the other officer fired one. >> you can't walk down the street without being afraid of the police. this is real. i'm a white person. and i'm afraid for my young boys. >> neighbors say perez lopez worked construction and sent money to his family in guatemala. >> renl registered sex offenders may be able to live closer to schools and parks if there's limited housing where they live. the california supreme court ruled a law restricting where sex offenders can live is unconstitutional. sex offenders in san diego county challenged jessica's law which makes it illegal for them to live within 2,000 feet of any school or park. the court ruled those restrictions made it too difficult for sex offenders to find a place to live leaving

many of them homeless. people in san diego county say this decision is unsettling. >> those folks have problems and they have problems throughout their lives. >> why wait for a problem? why -- why allow something like that to become an issue? >> although this week's decision affected only san diego county it could provide an opportunity for sex offenders in other counties where there is limited affordable housing to challenge the law as well. official from san francisco is going to get a big promotion today. robert mcilroy is in charge of catholic churches social justice wing in san francisco. but today, the church is going to name him the leader of the roman catholic church diocese in san diego. mcilroy will be taking over for bishop surillio flores who died in september. mcilroy has made economic inequality one of his signature issues. >> hopes dashed. volunteers will hold their final search for sierra lamar next week.

the morgan hill teenager disappeared back in 2012. ever since then family, friends, and volunteers have searched for her every weekend. they have now run out of places to look. the last search for sierra lamar will be march 14th. anthony garcia torres is charged with her murder. he's due back in court next month. >> a south bay emergency animal hospital is open this morning even though a car crashed through the front door. you can take a look at the pictures. the crash happened at the utatnited veterinary clinic near highway 17. nee word on what caused the driver to lose control, but no person or animal were hurt. >> skateboarders in alameda county may soon find legal obstacles in their path. supervisors will discuss plans to enforce a skateboarding ban that includes all county property. other bay area jurisdictions have similar bans but critics say they're ovignores.

>> some parents are upset about a proposed sell phone tower at a high school. they want to install a tower at a high school but the school board didn't do enough to advise of the plan. they're urge to board the reconsider. >> up next at 11:00, don't feel guilty if you want one more cup off coffee before the morning is over. it might have a positive impact. >> plus the top billionaires in silicon valley. and right now, we're seeing 57 degrees in san francisco after a cool start to the morning. temperatures climbing to the 50s, on the way to the 60s today, but we have fenlts ahead in the forecast. we'll let you know how warm it's going to get where you live coming up in the full forecast in a few minutes.

well you know if you watch this morning, we started the nasdaq at a record level above 5,000 for the first time in 15

years. the honor of doing that went to dress barn. a settlement between workers and all kinds of high-tech companies could come this summer. the judge held one of the final hearings in her san jose federal courtroom monday. when she approves the settlement, the companies will be sending checks to workers. the companies accused of creating a secret agreement not to try to hire each other's employees in order to keep people's salaries low. speaking of money, forbes is out with a list of billionaires. we thought we would show you a list of some of our bay area neighbors. the founderoffs tech companies. bill gates is not on the list because he lives in seattle. larry ellison tops the list followed by mark zuckerberg. $33.4 billion. larry page, sergeiy brin and if

you're saying to yourself, wait a minute, who are those guys? those guys are the uber guys. camp along with culanic came up with uber when they couldn't find a cab. tinder is out with a new version of its dating software. tinder is normally free. the paid version is going to allow you to go back and correct a mistake. you swipe left but you meant to swipe right. that means you rejected a potential date but you meant to accept it. curiously, the new paid version costs twice as much for people over 30. $19.99 if you're old. $9.99 if you're young. i wasn't aware that was legal, but i guess movie theaters do that. >> i would call it pricing discrimination but it probably cause costs a lot to make an app for your jitterbug phones. a new push for an 11th uc campus focused on science and technology. a glendale assemblyman is

launching a bill to launch a new version of cal tech. location to be determined although we might have suggestions. the bill calls on the university of california to study feasibility and funding, land acquisition, and initial building costs. you want text you know where to find it. >> if you're ready to talk trains and if future of b.a.r.t., now is your chance. b.a.r.t. board president will host a one hour twitter town hall today. it's coming up in the next 45 minutes. topic is building a better b.a.r.t. system. some of the issues covered will include b.a.r.t. maintenance and ridership. they hope to respond to all of the questions. san francisco's ferry building is all dressed up today, marking the 100th anniversary of the world fair. crews installed a lighted 1915 on the tower making it look the same that it did 100 years ago. welcoming visitors to the world's fair. tonight, mayor ed lee and

community leaders will hold a special ceremony to light the tower, also kick off the centennial celebration. this all gets started at the building at 5:30. down below there, there's a blue bottle coffee right? in the building. grab a cup of coffee an extra one. new research says it could reduce your risk of a stroke or heart attack. >> the study was published loun in the journal of heart and researchers found people who drink three to five cups of coffee per day had the lowest amount of coronary artery calcium, the precursor to heart disease, but researchers say don't go overboard, the study also found people who drink more than five cups per day had a much higher level of coronary artery calcium. >> downtown san jose has more international flavor this weekend. filmmakers from around the world are showing off their movies at the sincinequest film vestival. >> one getting a lauz of buzz is factory boss. it looks at the continuous relationship between a chinese

toy factory and a u.s. factory that orders its goods. this is seen through the eyes of a tormented middle manager who struggles with pressure from every side. the director talked to janelle wang about the film. >> every director has their own style. i like strong powerful messages with relationships between people in society, in general. >> factory boss airs at camera 12 in san jose tonight at 5:00. that looks fascinating. the relationship between america and china and manufacturing, especially in silicon valley. >> we want it we want it cheap, but we dont want to cut corners. a difficult situation. >> let's check in with rob, who has the weather. he's in for christina. >> the weather today looks nice. a lot more sunshine that yesterday at this time. we had intense showers around parts of the south bay. clouds building to the southeast of san jose, but overall fairly quiet. upper 50s right now. winds fairly light.

as we go through the afternoon, you might notice the wind speeds picking up as the winds begin to shift more out of the northwest later on. and eventually, it will be a taste of offshore winds which help to crank up the temperatures. right now, the satellite view and radar view quiet, except in southern california. that's where the system that was bothering yesterday with the scattered showers moved through overnight, now moving into southern arizona. for thou things have calmed down. for the rest of today, we'll see a few clouds on the hilltops here, especially in the north bay, east bay, and areas south of gilroy. a slight chance of a stray show shower south of gilroy midafternoon, but as soon as the sun sits the clouds will start to go away. from here on out, temperatures will start to climb up. 50s to low 60s. mid-afternoon temperatures today in the mid 60s, and today, very likely the coolest day of the next few as you're about to see coming up in the five-day outlook. today around san jose 65 degrees.

san francisco, low to mid 60s. about the same range for the north bay and tri-valley as we head to the afternoon with a few clouds around the east bay hills. the trend here over the next five days shows more sunshine and temperatures climbing up. tomorrow, close to 70 degrees and a high really builds in toward friday and saturday now you're looking at highs in the low to mid 70s around the bay area. and here's the culprit, this ring of high pressure which more or less for about 75% of the winter, this has been the configuration of the upper jet stream, moving away from the west coast and down through the plains and the east coast. as long as the high holds its position through next weekend, not going to see any chances of rain until about tuesday or wednesday of next week. hopefully we can scoot the high out and bring another chance of rain and sierra snow our way. in the meantime, the high holding its position into the weekend, this is the way the temperatures are shaping up if you have plans you're making outdoors. saturday should be the warmer of the two days with highs climbing to the mid 70s around the south bay, and even san francisco, low

70s to start the weekend, and by sunday the sea breeze starts to pick up. a few extra clouds approaching the coast, leading to some cooling, but no rain and nothing like the hail covered hillsides around san jose on saturday. next saturday, looking a lot more like spring around the bay area. back to you. >> very happy about that weather. thank you very much rob. now to a getting story in the east bay where a neighborhood in hercules is back to normal after a gas leak. the evacuation was ordered about an hour ago between north and south front streets. a contractor was digging in the area. hit a gas line. just moments ago, crews stopped the leak and the evacuation order was lifted. no injuries reported. up next at 11:00, game day. the giants and the a' rr opening cactus league play against each other. we'll show you the new faces in the starting lineups.

well, the sharks did more selling than buying at the trade deadline, but the one guy they brought in paid off in the first night. ben smith arrived from chicago about an hour before game time. suited up and scored his first goal as a shark just minutes into it game. that is how you do that. sharks beat the canadiens 4-0. they play the canucks in vancouver tonight. >> everybody should have a first

day like that right? opening day, sort of. the giants and a's officially kick off cactus league play today against each other in mesa, arizona. >> plenty of new faces when the players take the field. a sneak peek at today's lineup, here's ahmad fareed. >> it is opening day in march. the start of the spring training season is upon us. both the giants and a's getting started against each other. the opener for the a's new site in mesa arizona. the giants roll up, angel pagan, hunter pence, buster posey. they're going to skip the trip tim lincecum madison bumgarner on the mound, hunter strickland coming in on relief. facing bumgarner, the only lefty to start the game. billy butler brett lori the

heart of the order for the a's. by the way, the start, from mesa arizona, pitching in his hometown. a cool story there. the season begins sort of the first spring game we'll have highlights later tonight. for today in the bay, i'm ahmad fareed. all right, a chilling tribute that should make you feel warm inside. the boston red sox season started today with a big nod to the ice bucket challenge. >> the sox kick off the exhibition season against boston college. all the players from both teams will wear jersey 3. that's the number formerly worn by boston college player pete fritz. he's an als patient who started the ice bucket challenge. he's raced about $200 million this past year. the jerseys will be auctioned omfor als jerseys. >> i'm glad they raised so much money. awesome. >> 11:26. hillary clinton's e-mails are under scrutiny, but the question is did she violate federal

regulations?

a british muslim group released recordings of the london man identified as the isis executioner jihadi john. >> in the recorders made in 2009 emwazi talks about being harassed by a british agent and appears to be against violence. >> the fog has been lifted here in iraq. >> it is a voice that has become infamous. >> he looked at me and said i still believe you're going to small yeah to train. >> this is a recording before he joined isis. his accent and speech eerily familiar. >> what we say to you, obama desh. >> he had been known as jihadi john, but as a younger man, he was linked to a violent street gang and even connected through friends to a terror cell that attempted a suicide bombing in

london. in the two-minute audio recording edited and released by a campaign group, he describes an interview with the british equivalent of the fbi. he denies supporting the 9/11 attacks. >> telling me what did you think of 9/11? i said this is a wrong thing. what happened is wrong. what do you want me to say? i if i had an opportunity for the lives to come back, i would. >> others say british officials may have been right to suspect him. >> a lot of kids on the street of west london where emwazi comes from are getting involved with criminal gangs, and emwazi is mixing with them. they're his friends. add the same time, some of the kids are also getting involved in religion and religious extremism. >> nbc news has learned two of his london associates were with him in syria and both were killed. one, a high school friend. is this an insight into jihadi john's disturbed state of mind? >> now, we're hearing his family in london are now in police

protection, but an nbc news team in kuwait where emwazi was born, has spoken to a colleague of emwazi's faurkt. apparently, he was in tears. he sounded exhausted, and he said may god take revenge on him. his own son take revenge on him as he did on us. back to you. >> family members of two men killed in the uc santa barbara rampage have filed a lawsuit. the parents of the room mates of elliot rodger are suing the county, sheriff, and landlord. both men were from the bay area. the parents say the apartment complex and housing did not properly screen him or warn that he was violent and unstable. the suit also alleges the sheriff failed to perform a gun background check or even watch youtube videos roger had posted online. last may roger shot and killed six students and injured 14 others before killing himself. >> about two hours ago, prosecutors and defense lawyers picked a jury in the trial of the boston marathon bombing

suspect. dzhokhar tsarnaev is accused of conspiring with his brother to plant two bombs near the finish line in 2013. jury selection took nearly two months. opening statements are expected to begin tomorrow. >> politics now. hillary clinton inches closer to an announcement on a presidential bid in 2016. when clinton was secretary of state, she exclusively used a personal e-mail account to conduct government business a violation of federal requirements. >> nbc news white house correspondent kristen welker has the latest. >> according to the new york times, when hillary clinton served as secretary of state, she exclusively used a personal e-mail account for all government business. a possible violation of federal regulations, which say that e-mails of federal officials are government records and must be retained. >> archivists and watch dog groups say this is not how it's supposed to happen. all government officials are supposed to use their government

e-mail account to do their government work. >> it's not clear if her personal account was protected. >> what some experts said was, was mrs. clinton allowing her e-mails to be more suspectable to be taken by hackers? >> according to officials, last year, they asked secretaries of state dating back to madeleine albright to submit their records for, quote, proper preservation. clinton's aides submitted more than 50,000, and then last month, the committee conducting the investigation into the attack at benghazi asked the state department for some of her e-mails. officials say they turned over about 300 and that's when the revelations started to come to light. a spokesperson for clinton wouldn't comment to nbc news but told the "new york times" that clinton has been complying with the, quote, letter and spirit of the rules. the news is already becoming fodder for republicans,

including jeb bush who recently released thousands of e-mails from his time as florida governor tweeting last night, transparency matters, unclassified hillary clinton e-mails should be released. it's hard for me to see it mattering to voterser at least at this point, but it gives a huge opening for republicans to continue to pound on hillary clinton as being secretive trying to hide something. >> kristen welker reporting there. now, clinton's office said nothing was illegal or improper about her use of the nongovernment account and she believed her business e-mails would be archived in accordance with government rules. >> a baal is brewing in san mateo county over herbicides. caltrans says it needs to spray. people nearby worry the spraying will cause a bigger problem. >> this map shows where it will be happening. highway 84 between skyline boulevard and highway 1. >> we all live downstream. >> patty has lived in the coastal mountains in san mateo

county for decades. >> i'm frustrated. >> last year she spearheaded an effort to ban the use of herbicide spraying in the country, which is now in effect. however, the ban does not apply to land owned by the state. >> it's all this toxic threat that is not necessary. >> next week caltrans will spray the vegetation near high way 84 between skyline boulevard and highway 1. >> only using the amount of herbicide we need and absolutely no more. >> bob haas with caltrans said the plant is a fire danger. when overgrown, it can threaten driver visibility. >> i understand about fire safety, but it is always possible to mow as an alternative. >> caltrans says mowing isn't an option. >> we just don't have the manpower right now, the rer resources to take care of the problem. >> he also says the herbicides won't be used within 50 feet of a creek or streambed. >> it all runs off from the roads. it all ends up in the creeks.

>> patty fears her well water will be contaminated by toxic chemicals and she's asking the state to prove the spraying is safe by testing samples before and after the spraying. >> it's not worth the risk. >> michelle roberts, nbc bay area news. >> in menlo park residents are demanding a safer railroad crossing after a deadly crash there. several people gathered in a small cafe last night to talk about how the city can make the crossing safer. last week a train hit and killed a woman in her suv on the tracks. >> the accident investigation really isn't completed so it's hard to determine what caused the accident, but we know there's been a loss of life so you want to look and see what can we do to make it safer? >> some of those ideas the city could consider include a stop light at the train intersection a pedest rheic crossing bridge, maybe a grade separation. that means the street would run over or under the tracks. >> well gas prices are going up again. they have jumped over the past

five weeks in the bay area. california up by almost a dollar. >> ian cole explains why it's going up, even more. >> at bloomsters in san jose the owner doesn't want to think about his gas budget while preparing a bouquet of hydrangeas and tulips. >> these tulips come from the northern most point of california. >> the gas prices were so low during the winter, he was pruning costs and increasing profit. >> i was the first to say yay when it went down some because we're running like between $3,000 and $5,000 in gasoline bills. that's a lot of money. >> even with his trucks running deliveries all day, he saved about $2,000 a month, not anymore. prices across the bay area have jumped nearly 85 cents on average over the past month. the average price now in the bay area is $3.38 a gallon. drivers are unhappy and confused. >> i don't get it. oil prices are still down and gas prices are going up.

i don't know. i don't know what to tell you. >> oil analysts expect the price to rise through spring as suppliers plan to switch to more expensive summer blends of gas. others say the increase is due to the explosion at an exxonmobil refinery in southern california and labor strikes at other refineries. >> i can't imagine how people do it in their suvs and their big cars. you know the little prius gets good gas mileage. i'm lucky. >> prices are still lower than the fall and even last year at this time so some consumers aren't too worried. quinn said he saved the money from the winter, preparing for a gas boom in spring. ian cole nbc bay area news. >> fremont police are hoping you can help find a lost puppy. find his way home. they released these pictures of the pup. police found him yesterday, took him to the try-city animal shelter. they're hoping someone knows to whom he belongs and where he

lives. the shelter opens up in about 30 minutes. >> should i take him or do you want to take him? >> i have two. >> up next looks like an ordinary portrait of clinton, except for the shadow. the scandal hided in the paint strokes. >> plus animals in the open space in the south bay like we have never seen before. more of these coming up next. >> we're seeing clouds build off to the east there of san jose as we watch the clouds build, will they bring chances of showers back into the forecast? a look at that when we come back.

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they are our furry and feathered neighbors. they live right near us but chances are we haven't met. until now. the santa clara open space authority has been videotaping bay area wildlife for ten years. >> for the first time, it's sharing those pictures on television. we're shown what wildlife experts are learning from the videos. >> the call of the wild is closer than you think. today in morgan hill we captured video of these birds going after a golden eagle, but it's the four-legged animals we don't often see that the open space authority has caught on tape using 50 cameras installed

in remote areas, including coyote valley open space near morgan hill and sierra vista open space preserve near alum rock park. that's where this video was taken. >> we have see elk. >> wildlife experts say based on the pictures it appears the mountain lion american badger and bobcat populations are growing. so is the wild pig population, which is problematic because the animals dig up the landscape. the drought has taken a toll on the south bay wildlife as the streams dry up. and it's not just animals caught on tape. in 2011 the cameras spotted a marijuana grow in rancho can yetta dell oro east of morgan hill. an operation that was deadly to local wildlife. >> the growers dammed up the tributary of a creek. there were pesticides flowing in the creek. some wild animals died a gray fox, and it was an environmental

disaster. >> but the cameras also reveal a success story. the checkered spot butterfly on the federal list of threatened species is making a comeback. the circle of life continuing for our wildlife neighbors. nbc bay area news. >> i tell you, she was excited about doing the story. a good one. now, new controversy about what you may not see in a portrait of president clinton hidden in the basement of the smithsonian in washington. >> peter alexander has that story. >> for a presidenty scarred by a second year scandal, it was bill clinton mfs moment to shine. a presidential portrait. >> i think you did a marvelous job, and i thank you very very much for what you did. >> nelson is artist nelson shanks who has painted everyone from princes di to pope john paul ii but it's what you're likely to miss the shadow to the left which has many seeing

the piece in a new light. >> a shadow across the administration, across mr. clinton's presidency. >> earlier, shanks told the philadelphia daily news it actually literally represents the shadow from a blue dress that i had on a mannequin i had there while i was painting. >> i was aware it was a blue dress and it had a certain echo let's say, of some history that we're aware of. >> shanks called his subject the most famous liar of all time. critics have long said there was something sketchy in the skich, pointing out what's missing from clinton's left hand his wedding band. the portrait is now in storage part of a regular rotation the gallery says but shanks is convinced the clintons wanted it down. >> i think the painting should be seen by the public. the national portrait gallery should not be intimidated by who pm ever is imidated them and that's undoubtedly people who have approached them on behalf of the clintons. >> the clintons have not asked us to remove the portrait from

the portrait gallery. >> now, just as hillary clinton ramped up a potential white house run of her own, a fresh look at this president, with all of his shadows. >> so i guess the president did not commission that painting. otherwise it would be different. that was peter alexander reporting. now, the artist says he has not heard from the clintons since speaking out about the portrait. the president and mrs. clinton did not respond to an nbc request for a comment. >> i think he's not going to get business out of commissions coming up. >> i don't know how that works, but maybe it was the national portrait gallery that commissioned it. so they're paying for it? >> somebody did. >> all right, let's check in with rob. his portrait hangs in the front lobby. it looks fabulous. >> we love it. >> right now, it's looking pretty nice. nice weather outside, but a little too much of a nice thing in the sierra. all the sunshine has kept the sierra snow totals well below where they should be for this time of year. storms have brought a lot of rain but not a lot of snow. that's the reason the central

sierra, 20% of average, northern sierra 15%. on pace with the dry year last year. but a little different story thanks to all the rainfall for the bay area. the totals still close to 80% to over 100% of average, and the reservoirs have improved from last year, almost by 30% to 40 persh. a boost in the totals compared to last year. we had warmer storms come in. they haven't brought much in the way of snow and the pattern that is responsible for it is the same one that is locked in the midwest and the east coast of record breaking snow and cold temperatures. high pressure out west leading to the record warm temperatures which as things stand right now, could be the warmest winter on record for the bay area, from the north bay, kentfield, san francisco, and some of the records go back to 1875. you see the numbers there, through the end of february now, we're seeing the temperatures ranking number one for the warmest winter so far around the bay area concord, livermore, to the south bay, and east out to sacramento as another string

here of temperatures soaring into the 70s will likely maintain the fact we're in this warmest winter we have recorded in the bay area. areas in the upper 50s. san jose clouds starting to build over the hilltops. in instability over the hills and some of the clouds building up on the satellite even thore the more intense rain showers have moved into arizona. the futurecast through midday begins to pick up on the clouds building up around mt. hamilton gilroy, a chance of an isolated shower on the higher hilltops and then the clouds lose the convective energy once the sun sets. mostly clear skies tonight and higher temperatures boosting in. so temperatures around lunch time, 50s to low 60s. should top out close to the mid 60s around san jose and for most of the bay area today, looking at the highs in the low to mid 60s for now before we jump into the 70s in some spot as early as tomorrow. san francisco, mid 60s for you. about the same for santa rosa

and napa. 65 in livermore, and then over the next two to three days we should see the temperatures climb about 5 to den10 degrees warmer, near the mid 70s for the start of the weekend, compared to last saturday where we had hail storms east of san jose. this will feel more like spring. saturday, mid 70s from the peninsula into the south bay. very likely santa cruz will have upper 70s to start the weekend. and then by sunday a few extra clouds. the sea breeze starts to pick up slight cooling for the end of the weekend, and the next chance of any substantial sierra snow or rain for the bay area looks to hold off until march 10th. this time next week we hope a pattern change will bring much needed rain and snow back to the sierra. >> fingers crossed. thank you. >> up next, it's likely you or someone you know suffers from insomnia. we'll show you how to overcome, perhaps, the sleep disorder.

well each day, you crawl

into bed, you have hopes of getting a good night's sleep. we now know about 1 in 4 people out there will struggle to fall asleep tonight. >> haley hernandez looks at solutions for sleep problems revealing how our own behavior could be getting in the way of a restful night. >> i'm tired at first, and then i'll think about something i needed to do that day. >> amber is a new mom of triplets. two boys and a girl. >> when they're napping, it's like, i could nap. oh, wait i have to do the dishes, five loads of laundry. >> instead of sleeping, she's checking the kids checking her phone, and getting a head start on the next day, all while missing critical rest. >> but i'm not stressed. i just think. >> amber has been to the doctor. all results are normal. she thinks doctors can't diagnose her problem but how's this for a diagnosis. learned insomnia. the doctor i spoke with said it's a real thing and it's impacting the majority of people

with sleep problems. >> by checking the baby monster or lock every few hours, amber has created a learned state of insomnia. >> the treatment is we have to break the cycle. >> the doctor studies sleep patterns and said most people want a quick fix. the reality is you need time and dedication to three simple things. >> we can train people the worst insomniacs to sleep without pills. >> first, stop drinking alcohol. >> as the alcohol is metabolized, it's turned into a stimulant. all of a sudden you have this circulating grand latte starbucks in your system. >> second eliminate antihistamines or nighttime pain relievers. >> they last for up to 18 hours. if you take it at 10:00, you're still going to have effects of that pill by 4:00 in the afternoon the next day. >> number three, you probably heard it before but no electronics in the bedroom.

>> you say, i just can't do it you're going to have to say to the individual you're not going to be helped. >> here's why it's so important. your brain starts making melatonin at dark. it's a hormone that tells your body it's time to rest. the light from the screens tricks your brain into thinking it's day time. the longer you stare at the light, the longer you'll be awake. >> i tell my kids you can't fall asleep while you're standing up talking. haley hernandez talking there. you have two hours without electronics before bed. you might think it's no different than having a lamp on but the blue light mimics sunlight and keeps the brain from making melatonin. >> how you can own a piece of a restaurant. coming up next.

legendary peninsula restaurant gone but not forgotten. >> mings in palo alto closed after 58 years. we told you about that. now we're telling you much of the restaurant is up for auction. among the items available, serving dishes a carved wooden frame that belonged to the cleveland museum of art. >> not as fancy as mings. do you remember cardinals? >> yes. >> never bought anything from there. >> that would have been nice naugahyde. thanks so much for joining us. our next newscast is tonight at 5:00. >> see you tomorrow.

. today on ""access hollywood" live" oscar winner monique will join us. was she black-listed in hollywood? >> from as i understand rela she and her prince charming are here. talking to them about taking on the classic story. >> she's also the lovely lady rose on downton abby kit. >> we're checking into the bates hotel. all the creepy drama on the show. "access hollywood live" sfarts right now.